Attorney General Ken Paxton Secures Final Victory Over Biden-Era Rule Forcing Radical “Gender Identity” Ideology on Foster Care

AUSTIN, TX -- Attorney General Ken Paxton has entered into an agreed final judgment with the U.S. Department of Health and Human Services (“HHS”) to vacate in its entirety a Biden Administration rule that would have forced the Texas foster care system to mandate radical “gender identity” ideology.

“Biden’s attack on Texas’s foster care system, families, and laws has been totally defeated,” said Attorney General Paxton. “This victory will protect vulnerable children from dangerous and radical ‘gender ideology.’ Thank you to the Trump Administration for agreeing with us that this rule was unlawful and needed to be completely rejected.”

In September 2024, Attorney General Paxton sued the U.S. Department of Health and Human Services (“HHS”), HHS Secretary Xavier Becerra, and other members of the Biden-Harris Administration to stop a rule that unlawfully conditions federal funding for foster care programs on the acceptance of “gender identity” ideologies. The rule would have forced Title IV-E and Title IV-B agencies to ensure that foster-care placement “affirms” a child’s self-professed “LGBTQI+” identity and would have penalized foster care providers who disagreed with a child’s identity for “retaliation.” State agencies that did not comply risked losing federal funding. In March 2024, Attorney General Paxton secured a nationwide stay of the rule. Now, the illegal Biden-era policy has been entirely revoked.

To read the final judgment, click here.